When you want to purchase a property, you need to do a title search. A good title search can make the difference for you, because it will help you be sure there are no defects tied to a piece of property.
When a title search isn’t performed correctly, you could end up facing trouble. Whether a document is overlooked or a simple mistake happens, a problem with the property could be uncovered when you were already told that none were present.
Is a poorly performed title search legal malpractice?
Your attorney is meant to be trained to perform the legal actions you’re asking them to complete. If your attorney told you that they knew how to perform a title search and guaranteed that the search was done, you may have a strong case against them if there is a problem with the title in the future.
Some of the issues that could arise with a bad title search include:
- Finding illegal deeds
- Being contacted by missing heirs
- Finding out there are public record errors you have to pay to correct
- Realizing that the title was a forgery
- Dealing with boundary or survey disputes
It’s important for you to be cautious when purchasing a property, which is why you wanted a title search in the first place. Finding out that there were undisclosed issues may put you into a difficult position and one in which you want to look into a legal malpractice claim.
What can a legal malpractice claim do for you?
A legal malpractice claim may help you get compensated by the person who did not perform the title search correctly. Their error may have cost you time, money or your entire property. It’s their responsibility, because they were supposed to run a legal title search to fully inform you about the purchase.
You have the right to look into filing a claim against any attorney who makes an error that negatively impacts your life. These errors should not happen, but if they do, then the attorney should take responsibility for making the errors that have harmed your bottom line.